Defendant Can Vacate Plea
When Mr. Griffin pled guilty in this case to attempted first-degree robbery, he recieved a sentence of 16 years' to life. Although the court noted this was a lengthy sentence, it was running concurrently to a sentence on a separate case of 20 years' to life.
In 2011, however, the conviction that resulted in the sentence of 20 years' to life was vacated.
The Appellate Division yesterday held that because the other conviction was vacated, Mr. Griffin should not have the opportunity to vacate the plea in this case as well. The court also found that Mr. Griffin had not waived his right to appeal.
Lynn W. L. Fahey briefed and argued the case.